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DEVESE v. TRANSGUARD INS. CO.

No. S-10-250.

798 N.W.2d 614 (2011)

281 Neb. 733

Sylvia DEVESE, Personal Representative of the Estate of Stephen O'Bryant, deceased, appellant, v. TRANSGUARD INSURANCE COMPANY OF AMERICA, INC., a foreign corporation, appellee.

Supreme Court of Nebraska.

June 17, 2011.

Attorney(s) appearing for the Case

Betty L. Egan and Mark A. Weber , of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellant.

Walter E. Zink II and Jarrod P. Crouse , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Stephen O'Bryant was a commercial truckdriver. He was killed during the course of his employment as the result of a motor vehicle accident. The representative of his estate sought to recover under O'Bryant's occupational accident policy with Transguard Insurance Company of America, Inc. (Transguard). Transguard denied the claim on the ground that O'Bryant did not have a valid commercial driver's license (CDL) at the time of the...

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